I believe it is a universal truth that taxes are never reduced or eliminated. In the year 2000, Brazil instituted a new tax called CIDE (acronym for “Contribution of Intervention in the Economic Domain”) which would be levied upon payments originated from contracts that foresee the remittance of royalties, of any nature, to beneficiaries outside Brazil. The purpose of the tax is to foment the technological development of the country. Basically 10% of everything that is remitted abroad under the denomination “royalties” would have to be collected.
But why am I addressing a 12-year old tax now? Continue reading
Our first post was published exactly two years ago and our blog still exists. That is a feat in itself, considering the little time we had to invest on it.
But the feedback we have had has been so great and encouraging that, as far as we are concerned, we are here to stay. It also helps that we have been able to bring to the battle front a few other contributors because last year, for various reasons, we let the blog go unattended for several weeks in a row. However, since the end of last year, we have been able to post at least once every week and that is our goal for 2012 and beyond. Continue reading
Last March 28, the House of Representatives of the Brazilian Congress created a Special Commission to discuss the Internet Bill. I have already made my brief comments about the bill here when I reported it had been sent to Congress so that I will not go into details right now.
Suffice it to say that there is a lot of room for improvement.
In any event, it seems that Congress is at least worried about the implications of such bill and the creation of the Special Commission is indicative of that. The President of the Comission is Congressman João Arruda, from the PMDB party from the state of Paraná (South of Brazil). In declarations to one of the largest Brazilian newspapers, O Estado de São Paulo, Mr. Arruda said that “The discussion touches upon censorship. It is related to privately owned companies. And it also relates to the responsible for the investigation of crimes. It is necessary to find balance.” Continue reading
The Brazilian Federal Public Ministry filed a civil public complaint in the end of February aiming at the removal from the market of one of the most renowned and important dictionaries in Brazil – Houaiss Dictionary - under the argument that it contained “prejudiced and pejorative expressions” to define the word “gipsy” (“cigano”, in Portuguese).
The initiative was from the Federal Public Prosecutor from the city of Uberlândia, State of Minas Gerais, Mr. Cléber Eustáquio Neves and the action was motivated by a representation filed by a gipsy back in 2009, which alleged that the Dictionary was discriminating its ethnic group. Continue reading
In the end of February, Bill 170/06 proposed by Congressman Valdir Raupp from PMDB and which aimed at prohibiting the manufacture, importation and distribution of offensive games in Brazil, was removed from the Senate by its own proponent.
In an official declaration, the Congressman stated that, in reviewing the bill’s content, he concluded that it could end up hurting several fundamental rights, especially freedom of speech, free enterprise and free exercise of an economic activity and that it would even allow potential censorship. Continue reading
In an update to our post here, we inform our readers that Congressman Walter Feldman has requested the withdrawal of the so-called Brazilian SOPA bill, which will no longer be voted, at least not for the time being. Continue reading
In comparison with more mundane matters such as consumer complaints against vendors, landlord and tenants disputes or business related matters, copyright cases are still relatively rare for local judges.
Even within the realm of copyright cases, the vast majority is related to allegations of blatant piracy or some form of plagiarism.
However, this week, I learned of a recent decision involving a specific topic within the copyright law. The case revolved around the legal protection afforded to titles of works of authorship and this blogger was positively impressed by the decision which can help clarify the boundaries of protection of titles.